H1B Visa approved H4 Dependent Denied - Nunc Pro Tunc application for minor H4

USA H4 Visa
1

Hi
Initially I had applied H1B and 2 dependent (Spouse and Child) H4 Visa extension.
H1 B visa extension got approved in premium processing in Jan and after that recently my spouse traveled back from India with valid H4 visa stamping and she having valid I-94 till the same as my(H1-B) I-94 expiration date. But recently my wife I-539 (H4) application case was denied with reason due to H-4 the requested non immigrant extension date was not match as per H1-B visa I-94 approved expiration date.
and in Decision letter they mention both Applicant(s) name Primary Spouse and minor child name as well.
Question -

  1. As my child I-539 case number different and it still showing in progress - “Case Was Received” status. So do I needs submit and Nunc Pro Tunc Application to correct as per primary non applicant (H1B) visa holder date? Or do I have to wait for their decision in case of minor H4 I-539 case ?
  2. As my spouse having valid I-94 as she reenter with valid H4 visa, but still do I have to take action of these I-539N decision?
2

When did you file the H4 applications? Did you file it while your dependents were outside USA?

3

I have filed H1-B and two H4 visa extensions all together on Jan 25th and within week I had received H1-B visa extension approval. When I had filed H1B + H4 extension both dependents in USA only. My wife alone went back to India in first week of March and came back immediately and she having I-94 with same expatriation date (same as H1B I-94 expiration date).
I-539N denied decision letter came on 06/07 and in this letter mentioned only my wife case number and NOT my daughter case number.whose case is still showing pending - “Case Was Received”.

4

You can ignore the H4 extension if your wife’s new i94 matches your current H1B validity date.

Your child’s application should reach its own result.

5

Thank you Anil for your response. So as of now I have to ignore my spouse case result and in case of my child pending case status I have wait until it’s status get updated online and base upon I have to take action?